Kalo Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43390 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- GURUA District- Gaya ====================================================== 1.
Kalo Devi W/O Rameshwar Yadav R/O Vill.- Bela, P.s.- Gurua, Dist.- Gaya. 2.
Rameshwar Yadav S/O Nandlal Yadav R/O Vill.- Bela, P.s.- Gurua, Dist.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 15-10-2025 Heard the learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Gurua P.S. Case No. 66 of 2025 for the offences punishable under Sections 127(1), 115(2), 109, 117(2), 3(4) of B.N.S.
3. Learned counsel for the petitioners submits that though the names of the petitioners find place in the First Information Report, there is no specific overt act attributed to them. It is further submitted that the injury said to have been sustained by the informant does not appear, from the contents of the FIR, to have been caused by the petitioners. It is stated that the father of petitioner no. 2 and the father of the informant are
Patna High Court CR. MISC. No.43390 of 2025(3) dt.15-10-2025 2/3 own brothers, and the present occurrence has arisen out of a land dispute between the parties. Learned counsel for the petitioners fairly submits that both the petitioners have criminal antecedents of one common case in which they are on bail.
4. On the other hand, learned APP vehemently opposes the prayer for anticipatory bail of the petitioners.
5. Considering the aforesaid submissions and taking into account that no specific overt act has been attributed to the petitioners and the injuries sustained are simple in nature, this Court is inclined to extend the privilege of anticipatory bail to the petitioners.
6. Let the petitioners above named, be released on bail, in the event of arrest or surrender within a period of four weeks, from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sherghati, Gaya in connection with Gurua P.S. Case No. 66 of 2025 subject to the conditions as laid down Section 482(2) of the BNSS, 2023 as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioners who shall provide official document to show their bona fide;
Patna High Court CR. MISC. No.43390 of 2025(3) dt.15-10-2025 3/3 (ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) Prakash/- U